
Federal Communications Commission
US telecoms regulator; its Covered List blocks DJI and Chinese drones; now fighting DJI in the Ninth Circuit
Last refreshed: 13 April 2026 · Appears in 2 active topics
Can DJI challenge a classified annex in federal court without seeing the evidence against it?
Timeline for Federal Communications Commission
Filed motion to dismiss Ninth Circuit Case 26-1029 that DJI opposes
Drones: Industry & Defence: DJI puts $1.56bn on Ninth Circuit recordPledged on 16 April to act on Docket RM26-4-000 by end of June 2026
Data Centres: Boom and Backlash: FERC commits to June 2026 grid-load orderMentioned in: Skydio wins first overseas USAF deal
Drones: Industry & DefencePentagon files secret brief against DJI
Drones: Industry & DefenceMentioned in: ERCOT large-load queue passes 225 GW
Data Centres: Boom and Backlash- Why is the FCC blocking DJI drones in the US?
- The FCC added DJI to its Covered List in December 2025 under national security law (FY25 NDAA Section 1709), which bars FCC certification of equipment from companies deemed national security risks.Source: Background
- What is the DJI Ninth Circuit case about?
- DJI is suing in the Ninth Circuit (Case 26-1029) to overturn its FCC Covered List designation. The Pentagon filed a classified annex on 3 April 2026 supporting the listing; DJI's reply is due 11 May.Source: Background
- Can DJI drones still be bought in the US?
- Existing DJI drones can still be sold and operated commercially, but no new DJI products can receive FCC certification. Federal contractors are additionally barred by FAR clause 52.240-1 from using them at all.Source: Background
- What is a classified annex in a court case and how does it affect DJI?
- A classified annex is evidence filed under seal that the opposing party cannot review. In national security cases, courts typically defer to the government's classified judgements, making it very difficult for DJI to rebut arguments it cannot see.Source: Background
Background
The Federal Communications Commission regulates radio spectrum, telecommunications, and wireless device certification in the United States. In the drone sector, the FCC controls which devices can legally transmit on US frequencies, giving it effective veto power over market access.
On 22 December 2025, the FCC added all foreign-manufactured drones and critical components to its Covered List under Section 1709 of the FY25 NDAA, blocking DJI and Autel Robotics from certifying new US products. This was converted into a binding procurement rule when FAR clause 52.240-1 took effect on 13 March 2026. On 3 April 2026, the Pentagon filed a memo opposing DJI's Covered List petition and attached a classified annex arguing DJI poses national security risks beyond the unclassified record.
DJI is contesting the listing in the Ninth Circuit as Case 26-1029. The government's reply is due 11 May 2026. The classified annex is significant: courts reviewing national security decisions generally defer to executive classification, making it hard for DJI to rebut evidence it cannot see. If DJI loses in the Ninth Circuit, the Covered List becomes virtually permanent. The case is the most consequential test of FCC national security authority over commercial technology since the Huawei ban.